Whereas, foster children in state custody are living in foster homes where they are exposed to secondhand smoke; and

Whereas, there are a number of health risks related to exposure to secondhand smoke; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 22 MRSA §1580-E is enacted to read:

§1580-E.__Smoking by foster parents

1.__Residence prohibition.__Smoking, as defined in section 1580-B, subsection 1, paragraph B, is prohibited in a private residence if that residence is a family foster home, as defined in Title 22, section 8101, subsection 3, where a foster child is living.

2.__Vehicle prohibition.__A foster parent is prohibited from smoking in that foster parent's private vehicle and may not allow any other person to smoke in that foster parent's private vehicle when a foster child is in that foster parent's care, even if the child is not in the vehicle.

Sec. 2. Licensing rules. The Department of Human Services shall amend the foster home licensing rules to prohibit smoking in family foster homes. The department shall adopt procedures for revoking the license of foster homes where smoking is taking place. Rules adopted pursuant to this section are routine technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter II-A.

Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

SUMMARY

This bill prohibits smoking in foster homes and prohibits foster parents from smoking in their private vehicles.